Common use of Continuation of Terms Clause in Contracts

Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 6, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities (as defined below) and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided elsewhere in this Section 6. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 6, then only in such event will the Company’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 6.3. The term “Other Securities” refers to any stock (other than Common Stock) and other securities of the Company or any other person (corporate or otherwise) which the Holder of the Warrant at any time shall be entitled to receive, or shall have received, on the exercise of the Warrant, in lieu of or in addition to Common Stock, or which at any time shall be issuable or shall have been issued in exchange for or in replacement of Common Stock or Other Securities pursuant to Section 7 or otherwise.

Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 63, so long as a portion of this Warrant remains unexercised, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities (as defined below) shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided elsewhere in Section 4. The Holder of this Section 6Warrant, on exercise hereof at any time after the consummation or effective date of any reorganization, consolidation, merger or transfer, shall receive, in lieu of the Common Stock issuable on such exercise prior to the date of such reorganization, the stock and other securities and property (including cash) to which such holder would have been entitled upon the date of such transaction if such holder had exercised this Warrant immediately prior thereto less an amount of cash and/or securities having a value equal to the aggregate Exercise Price payable upon exercise of the Warrant. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 63, then only in such event will the Company’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder or the Trustee as contemplated by Section 6.3. The term “Other Securities” refers to any stock (other than Common Stock) and other securities of the Company or any other person (corporate or otherwise) which the Holder of the Warrant at any time shall be entitled to receive, or shall have received, on the exercise of the Warrant, in lieu of or in addition to Common Stock, or which at any time shall be issuable or shall have been issued in exchange for or in replacement of Common Stock or Other Securities pursuant to Section 7 or otherwise3.2.

Continuation of Terms. Upon any reorganization, reclassification, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 62, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities (as defined below) and property (including cash, where applicable) receivable on upon the exercise of this Warrant after the consummation of such reorganization, reclassification, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person Person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided elsewhere in this Section 6Warrant. In the event (a) this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 62, or (b) the Holders do not receive an opinion of counsel for any Person (other than the Company) that may be required to deliver any Other Securities and property receivable upon the exercise of this Warrant as provided herein, which opinion of counsel shall be reasonably satisfactory to such Holder, stating that this Warrant shall thereafter continue in full force and effect and the terms hereof shall be applicable to the Other Securities and property that such Person may be required to deliver upon any exercise of this Warrant or the exercise of any rights pursuant thereto, then only the Company shall appoint a Trustee in accordance with Section 2.3 and deliver to such event will Trustee all of the Company’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by this Section 6.3. The term “Other Securities” refers to any stock (other than Common Stock) and other securities of the Company or any other person (corporate or otherwise) which the Holder of the Warrant at any time shall be entitled to receive, or shall have received, on the exercise of the Warrant, in lieu of or in addition to Common Stock, or which at any time shall be issuable or shall have been issued in exchange for or in replacement of Common Stock or Other Securities pursuant to Section 7 or otherwise2.

Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 63, so long as a portion of this Warrant remains unexercised, this Warrant shall Warrantshall continue in full force and effect and the terms hereof shall be applicable to the Other Securities (as defined below) shares of stock and other securities and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securitiessuch stock or other securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided elsewhere in Section 4. The Holder of this Section 6Warrant, on exercise hereof at any time after the consummation or effective date of any reorganization, consolidation, merger or transfer, shall receive, in lieu of the Common Stock issuable on such exercise prior to the date of such Reorganization, the stock and other securities and property (including cash) to which such holder would have been entitled upon the date of such transaction if such holder had exercised this Warrant immediately prior thereto less an amount of cash and/or securities having a value equal to the aggregate Exercise Price payable upon exercise of the Warrant. In the event this Warrant does not continue in full force and effect after the consummation of the transaction transactions described in this Section 63, then only in such event will the Company’s securities and property (including cash, where applicable) receivable by the Holder of the Warrants will be delivered to the Holder or the Trustee as contemplated by Section 6.3. The term “Other Securities” refers to any stock (other than Common Stock) and other securities of the Company or any other person (corporate or otherwise) which the Holder of the Warrant at any time shall be entitled to receive, or shall have received, on the exercise of the Warrant, in lieu of or in addition to Common Stock, or which at any time shall be issuable or shall have been issued in exchange for or in replacement of Common Stock or Other Securities pursuant to Section 7 or otherwise3.2.

Continuation of Terms. Upon any reorganization, consolidation, merger or transfer (and any dissolution following any transfer) referred to in this Section 6, this Warrant shall continue in full force and effect and the terms hereof shall be applicable to the Other Securities (as defined below) and property receivable on the exercise of this Warrant after the consummation of such reorganization, consolidation or merger or the effective date of dissolution following any such transfer, as the case may be, and shall be binding upon the issuer of any Other Securities, including, in the case of any such transfer, the person acquiring all or substantially all of the properties or assets of the Company, whether or not such person shall have expressly assumed the terms of this Warrant as provided elsewhere in this Section 6. In the event this Warrant does not continue in full force and effect after the consummation of the transaction described in this Section 6, then only in such event will the Company’s 's securities and property (including cash, where applicable) receivable by the Holder of the Warrants be delivered to the Trustee as contemplated by Section 6.3. The term “"Other Securities” " refers to any stock (other than Common Stock) and other securities of the Company or any other person (corporate or otherwise) which the Holder of the Warrant at any time shall be entitled to receive, or shall have received, on the exercise of the Warrant, in lieu of or in addition to Common Stock, or which at any time shall be issuable or shall have been issued in exchange for or in replacement of Common Stock or Other Securities pursuant to Section 7 or otherwise.